Remedies

Once a court decides that there has been a breach of contract, it must then judge how the party in breach must compensate the other party. The usual award is damages - monetary compensation. The court must be satisfied that there was a contract, that one party is in breach, and that the other party has suffered some loss because of the breach. In addition to financial loss a plaintiff sometimes tries to claim damages for mental distress caused by the breach of contract. Such claims are less successful in Britain than in the US, except for holiday contracts (though often successful in tort actions).

A court will award damages only for loss closely connected with the defendant's breach. For example, in the 1949 English case of Victoria Laundry vs. Newman Industries, the defendants were five months late in delivering a new boiler for the laundry. The laundry claimed damages first for profits they would probably have made by being able to increase their regular laundry customers if they had had the boiler on time; and second, for profits they might have made if the boiler had enabled them to take on new dyeing contracts. The court decided that the first claim was reasonable but that the second was too remote. Remoteness is an important concept in both contract and tort.

In deciding just how much in damages to award, English and American courts try to put the plaintiff into the same financial position that he would have been in if the defendant had carried out the contract Instead of damages, a plaintiff sometimes asks the court to force the other contractor to carry out the contract. In English law this is called specific performance. The court will not agree to do this if it causes fcnardship to the defendant, however, or if it is no longer possible or practical to carry Out the contract. Sometimes the court decides to award damages instead ol specific performance, and sometimes it awards both. A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract. Specific performance and injunctions are remedies which were developed by the courts of equity because of inadequacies in the common law courts.

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Law of Torts

The concept of tort, a wrongful act among private individuals, exists in most modern systems of law. The word itself means "wrongful" in French, but is used in the most English-speaking common law traditions.

The definitions of many torts closely resemble definitions of crimes. For example, the tort of conversion in English law covers taking, destroying or selling someone else's goods, as does the crime of theft. When a tort is committed, the same act is often also a crime. But the essential difference between torts and crimes is that the former are the subject of civil law disputes between private individuals, and the latter are prosecuted by the state. Sometimes an individual takes an action in the law of tort because he has been the victim of the crime but has gained no benefit from the criminal prosecution. Sometimes there is no criminal prosecution because the police do not feel they have enough evidence or they feel that the matter is more of a private dispute than one involving public law and order. And sometimes it is difficult to find a criminal law which covers a tortious act. For example, simply entering land without the owner's permission is not a crime in English law. It is however, the tort of trespass. The occupier of an apartment, for example, may sue in the tort of nuisance if he is injured by broken glass falling from his neighbor's apartment. But if a visitor is also injured he has no right under this tort and would have to seek another action, such as in the tort of negligence (breach of a legal duty of care).

Under the concept of vicarious liability (liability on behalf of someone else) it may be possible to sue the employer of a person who commits a tort in the normal course of his employment. This may be useful if high damages are being sought, since a defendant cannot be forced to pay more money than he has. Of course, not every wrong committed in society is remediable in tort; the plaintiff has to show that he has suffered an action recognized as a tortious one, and he must show that his relation to the tortfeaser (committer of the tort) gives him the legal capacity to sue. Nevertheless, the law of tort covers a wide area of wrongdoings which may help those not in a contractual relationship.

The tort of nuisance covers many situations where even though no property is taken or trespassed upon, your enjoyment of land is interfered with, for example, by a neighbour who creates too much noise or whose rubbish causes unpleasant smells. The tort of defamation covers attacks against someone's reputation through the written or spoken word. The tort of negligence has particularly wide application. Some torts are known as statutory torts — the kind of breach of duty which must be proved is defined in a statute. For example, injury suffered because of defective factory equipment may lead to a negligence action regulated by the 1969 Employers Liability Act.

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